class3 and Manufacturing

bazzookajoe
Member
Posts: 1
(1/20/03 12:00:41 pm)
Reply | Edit | Del All class3 and Manufacturing
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I'm reading the Machine Gun Dealers Bible, by Dan Shea.
It sess that a class3 dealer may Manufacture short-Barreled Rifles and shotguns, Silencers, Any other Weapons, and Destructive Devices as an individual using a tax paid form 1.
I have send for the form 7 . I'm going toe apply for .01FLL then eventually for SOT 3. Is this information correct. There is nothing on the ATF web sit to verify this.

Re: class3 and Manufacturing
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That is not entirely correct. We need to differentiate that the SOT is a Special Operation Tax - not a license. GCA68 requires that an individual obtain the appropriate LICENSE to conduct a specific type of firearms business. A Type 01 FFL (dealer in firearms other than destructive devices) with or without the Class 03 SOT could only manufacture a firearm (either Title I or Title II) for personal use. It could not be manufactured for sale or transfer. Thus, a Type 01 FFL is identical to an unlicensed person when it comes to the manufacture of firearms. Should an unlicensed person OR a Type 01 FFL desire to manufacture a Title II firearm (shortbarrelled shotgun or rifle, or AOW), preapproval and registration on Form 1 is required. So, the Type 01 FFL is absolutely meaningless when it comes to manufacture.

In order to manufacture Title II firearms for sale or transfer, the person must have a Type 07 FFL (manufacturer of firearms other than destructive devices) and pay the appropriate Class 02 SOT ($1000/yr, with 1/2 price for low-volume manufacturers). No prenotification or approval is necessary, but the appropriate registration information must be sent to ATF within 24 hours of manufacture.

Of course, regardless of type of FFL/SOT, machine guns may not be manufactured unless specifically manufactured for sale to some government entity.

Now - you can rest assured that when ATF receives an application for manufacture of any Title II firearm from anyone other than an appropriately licensed Class 02 Manufacturer (07 FFL/02 SOT), they are going to take a good long look at that applicant. If they start receiving MORE applications, expect a visit. You certainly do not want to put out the impression that you are manufacturing firearms (especially Title II firearms) without the appropriate licenses in place!

Clear as mud, no?

bazzookajoe
Member
Posts: 2
(1/22/03 8:17:14 am)
Reply | Edit | Del I see whet you mean
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I brought that up because I'm shopping for a supersor foe an AR-15. The best deal I found was Gemtech's M02. This supersor cost about $500.+ 200 transfer =$700. I have the ability to make one comprabil. valuing me freedom, I have no intention of breaking any laws. May I pay $200 fill out a form 1 and manufarcture a legal suppersor ?

Re: I see whet you mean
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Well, actually, suppressors = firearms for the purposes of the National Firearms Act. You would have to obtain/complete Form 1, attach the required photos, fingerprints, Law Enforcement Chief Officer certification, and $200, send all that to the NFA branch of ATF. Wait. Continue waiting. Get tired of waiting and start calling.

Then you would most likely receive your Form 1 back in the mail with your $200 check.

Re: I see whet you mean
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Technically, an individual could apply to manufacture a suppressor. All typical NFA rules would apply just as if he were buying the suppressor from a dealer. There would be a $200 'making' tax. PLUS, all serialization and identification requirements would have to be met and approved by the ATF.